Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 10 is objected to because of the following informalities: the recitation “The add additional wiring” (line 1) should be replaced with -- The additional wiring --. Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-3, 7, 9, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hajduch, US 8,991,774 in view of Fuji et al., US 6,311,934.
Regarding claim 1, Hajduch discloses an additional wiring fixing member [for fixing an additional wiring to a fixing target region using a wiring fixing member including a vehicle fixing part inserted and fixed to a fixing hole of the fixing target region on a side of a vehicle], the additional wiring fixing member comprising: a plate-like vehicle fixing part (113) formed into a plate-like shape with an insertion hole (114) [into which the vehicle fixing part can be inserted and sandwiched between the vehicle fixing part and the fixing target region to be fixed to the fixing target region]; and an additional wiring holding part (115) continuously formed with the plate-like vehicle fixing part (113) [to hold the additional wiring], such that the additional wiring holding part (115) and the plate-like vehicle fixing part (113) are integrally formed in one piece and are not separable (113 and 115 are both regions of the single steel body 112; figure 12), wherein the additional wiring holding part (115) includes an elongated plate-like part (116; the pair of arms extending in opposite directions as shown in the figure 12) elongated in a longitudinal direction is flat from one end to the other end in the longitudinal direction (the arms 116 lie in a single plane from one end to the other), and the plate-like vehicle fixing part (113) partially protrudes from a longitudinal intermediate part (the part between 113 and 115; see figures 12-13) of the elongated plate-like part (see figure 12).
Claim language set in brackets [] set forth above and below in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of the additional wiring fixing member, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the cable tie mount taught by the combination of Hajduch (US 8,991,774) and Fuji et al. (US 6,311,934) or the wire harness of the combination of Miyamura (US 2017/0327059) and Fuji, is indeed capable of the intended use statements. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Hajduch does not explicitly disclose that the elongated plate-like part is thicker than the plate-like vehicle fixing part and a protrusion part protruding to an outer side in a width direction of the elongated plate-like part on each of both ends of the elongated plate-like part in the longitudinal direction.
Fuji et al. teach an additional wiring holding part comprising an elongated plate-like part (2) to which a wiring harness (W) is secured by wrapping tape therearound, and a protrusion part (17) on each of both ends of the elongated plate-like part (2) in the longitudinal direction, the protrusion part (17) being upright from a base portion of the elongated plate-like part (2) and presenting a seating portion (17a) providing lateral and vertical support.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the elongated plate-like part (116) of Hajduch to include a protrusion part at each end thereof as taught by Fuji to arrive at the claimed invention in order to positively retain the banding member and the secured bundle against displacement off the end of the plate-like part.
Regarding claim 2, the combination of Hajduch and Fuji teaches the additional wiring fixing member according to claim 1, Hajduch further discloses wherein a banding member (250) is tied to the additional wiring and the elongated plate-like part (115) while the additional wiring (300; it is noted that the cable tie mount is utilized to route cables) is disposed along the elongated plate-like part (see figure 16), thus the additional wiring (300) is held in the additional wiring holding part (115).
Regarding claim 3, the combination of Hajduch and Fuji teaches the additional wiring fixing member according to claim 2, Hajduch further discloses wherein the plate-like vehicle fixing part (113) extends in a direction intersecting with the longitudinal direction of the elongated plate-like part (115) from the longitudinal intermediate part (between 113 and 115) of the elongated plate-like part (113 extends away from the midpoint of the arms 116 at an angle thereto; see figure 12).
Regarding claim 7, the combination of Hajduch and Fuji teaches the additional wiring fixing member according to claim 1, Hajduch further discloses [wherein the vehicle fixing part includes a locking part locked to an edge of the fixing hole in a state of not getting out of the fixing hole and a fixing base part located in a surrounding part of the fixing hole on a side opposite to the locking part, and the fixing target region and the plate-like vehicle fixing part are sandwiched between the locking part and the fixing base part while being overlapped with each other, thus the vehicle fixing part is fixed to the fixing target region].
Regarding clam 9, the combination of Hajduch and Fuji teaches the additional wiring fixing member according to claim 1, wherein the elongated plate-like part is flat without a hole or protrusion extending in a thickness direction of the elongated plate-like part. Fuji teaches an elongated plate-like part (2) that is flat and free of any hole or protrusion extending in its thickness direction between the protrusion parts (17) at its two ends. Since the protrusions of Fuji have been considered for modifying the plate-like part of Hajduch, the locking holes (117) provided in the arms (116) are solely for receiving the locking pawls (162) and therefore would have been omitted, it is noted that it has been held that omission of an element and its function in a combination where the remaining elements perform the same functions as before involves only routine skill in the art. In re Karlson, 136 USPQ 184.
Regarding clam 10, the combination of Hajduch and Fuji teaches the additional wiring fixing member according to claim 1, Hajduch further discloses wherein the plate-like vehicle fixing part (113) extends in a direction intersecting with the longitudinal direction of the elongated plate-like part (116) from the longitudinal intermediate part of one longitudinal edge of the elongated plate-like part (113 joins the arms 116 at the midpoint of a single longitudinal edge thereof and extends away therefrom on one side only; figure 12), a length of the plate-like vehicle fixing part (113) in the longitudinal direction of the elongated plate-like part (116) is shorter than a length of the elongated plate-like part in the longitudinal direction (the extension of 113 is measured substantially less than the total span of the two arms 116; figure 12), and is shorter than a length of the plate-like vehicle fixing part (113) in the width direction of the elongated plate-like part (113 is elongated in the direction away from the arms, such that its dimension transverse to the arm axis exceeds its dimension along the arm axis; figure 12), and the length of the elongated plate-like part (116) in the longitudinal direction is longer than the length of the plate-like vehicle fixing part (113) in the width direction of the elongated plate-like part (see figure 12). Further, it is noted that it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Additionally, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claim(s) 6, 8, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miyamura et al., US 2017/0327059 in view of Fuji et al., US 6,311,934.
Regarding claim 6, Miyamura discloses a wiring fixing structure [for fixing a wiring and an additional wiring to a fixing target region on a vehicle], comprising: a wiring fixing member (51) including a vehicle fixing part (13A) inserted and fixed to a fixing hole (H) of the fixing target region (a vehicle body); and an additional wiring fixing member (15) including a plate-like vehicle fixing part (of 15) formed into a plate-like shape with an insertion hole (14) into which the vehicle fixing part (13A) can be inserted and an additional wiring holding part (16) continuously formed with the plate-like vehicle fixing part (of 15) [to hold the additional wiring (W)], the additional wiring holding part (16) including an elongated plate-like part (the band itself includes the plate-like part) elongated in a longitudinal direction, and the plate-like vehicle fixing part (of 15) partially protruding from a longitudinal intermediate part (a middle part of the member 15) of the elongated plate-like part (of 16), wherein a peripheral edge of the insertion hole (14) in the plate-like vehicle fixing part (of 15) is sandwiched between the vehicle fixing part (13A) and the fixing target region (vehicle body) to be fixed to the fixing target region (see figure 10), the plate-like vehicle fixing part (13A) extends in a direction intersecting with the longitudinal direction of the elongated plate-like part (of 16) from the longitudinal intermediate part (of 15) of one longitudinal edge of the elongated plate-like part (of 16).
Miyamura does not explicitly disclose that the additional wiring holding part further includes a protrusion part protruding to an outer side in a width direction of the elongated plate-like part on each of both ends of the elongated plate-like part in the longitudinal direction and the additional wiring holding part is thicker than the plate-like vehicle fixing part.
Fuji et al. teach an additional wiring holding part comprising an elongated plate-like part (2) to which a wiring harness (W) is secured by wrapping tape therearound, and a protrusion part (17) on each of both ends of the elongated plate-like part (2) in the longitudinal direction, the protrusion part (17) being upright from a base portion of the elongated plate-like part (2) and presenting a seating portion (17a) providing lateral and vertical support.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the additional wiring hold part (16) of Miyamura to be a rigid elongated plate-like part including a protrusion part at each end thereof and to form the holding part with a greater thickness than the fixing part as taught by Fuji to arrive at the claimed invention in order to positively retain the banding member and the secured bundle against displacement off the end of the plate-like part and to provide the rigidity necessary to support the additional wiring.
Further, the combination does not expressly teach a length of the plate-like vehicle fixing part (of 15) in the longitudinal direction of the elongated plate-like part (of 16) is shorter than a length of the elongated plate-like part (of 16) in the longitudinal direction, and is shorter than a length of the plate-like vehicle fixing part (of 15) in the width direction of the elongated plate-like part (of 16). However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to proportion the fixing part relative to the elongated plate-like part (as claimed) since such proportioning involves only routine optimization of dimensions of parts whose general arrangement is taught by the combination, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. It is noted that applicant has not provided or stated any criticality for the recited relationships (to solve any stated problem or produce any unexpected result).
Regarding claim 8, the combination of Miyamura Fuji teaches the wiring fixing structure according to claim 6, Miyamura further discloses wherein the vehicle fixing part (13A) includes a locking part (13B) locked to an edge of the fixing hole (H) in a state of not getting out of the fixing hole (H) and a fixing base part (53) located in a surrounding part of the fixing hole (H) on a side opposite to the locking part (see figure 10), and the fixing target region (of the vehicle body) and the plate-like vehicle fixing part (of 15) are sandwiched between the locking part (13B) and the fixing base part (53) while being overlapped with each other, thus the vehicle fixing part (13A) is fixed to the fixing target region (of the vehicle body).
Regarding claim 11, the combination of Miyamura Fuji teaches the wiring fixing structure according to claim 6, Miyamura further discloses wherein the length of the elongated plate-like part (of 16) in the longitudinal direction is longer than the length of the plate-like vehicle fixing part (of 15) in the width direction of the elongated plate-like part for the reasons set forth with respect to claim 6 above (and/or claim 10).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3 and 6-8 have been considered but are moot in view of the new ground(s) of rejection necessitated by amendment. Applicant’s amendment to claims 1 and 6 have introduced new limitations not previously presented or considered, including the integrally formed one piece and not separable feature, the thickness of the plate-like part, and a protrusion part protruding from said plate-like part. Additionally, new claims 9-11 include subject matter not previously considered. These new limitations have been addressed in the new ground(s) of rejection as set forth above wherein a secondary teaching reference by Fuji has been considered. Accordingly, the arguments directed to the previous rejection in the last Office action are found not persuasive in view of the rejection of the amended claims as set forth above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for similar art cited. For example, US 9,172,229 discloses a wire harness securing structure in which a plate portion is sandwiched between latch pieces and the panel.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.D./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677
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